California laws are categorized into two broad sections for the drug possession crimes. They include the possession with the intention to sell and just simple possession. The California Safety and Health Code also separates such offenses that can be related to the controlled substances that were classified under the laws in the state as restricted dangerous drugs or the narcotics from the offenses that that are related to marijuana. There are also separate offenses that are established by the California state laws related to methamphetamine and phencyclidine (PHP).
Possession for sale
A defendant can be charged by the prosecutor with just simple possession when the defendant was found possessing one of the substances that are listed under the Safety and Health Code drug possession California. A defendant can also be charged with the purchase for the possession of drugs with the intention to sell or the possession for sale if the state strongly believes that the defendant had it for the main purpose of selling the drugs.
Sentences and Penalties after Prop 47
California State has set certain penalties for those found in possession of drugs that vary depending on the amount of drug, the type of drug, ate the purpose of the drug possession. The drug possession sentencing structure has changed he voters in California to pass the controversial Prop 47 in 2014. According to the new laws, many offenses associated with drug possession were to be punished as a minor misdemeanor. These new laws also allowed those who were sentenced to prison for drug possession to get new sentences. Certain inmates were not allowed to be resentenced in court if they were convicted of charges of murder, rape, and any sex-related offenses.
Recreational Marijuana Decriminalized
In 2016, voters in California decriminalized recreational marijuana under Prop 64, the Adult Use of Marijuana. Under the new laws, adults who are aged 21 and over can possess, purchase, and allowed to consume a maximum of 28 grams of the marijuana. They can also consume 8 grams of concentrated marijuana in established licensed marijuana or a private residence consumption. While driving a vehicle, smoking is always illegal. In public places, smoking tobacco is also prohibited.
Also, it is illegal to possess these stuff in areas like youth centers, day care centers, and school grounds. Moreover, a person is only permitted to grow only a maximum of six plants within their permanent residence homes as long as the area is not visible to the public and locked. Medical use of marijuana regulations and laws are intact while the doctor always recommends their use by patients.
If you are caught in possession of the controlled substances, there are many serious penalties you expect to face at the end of the judgment. However, it is often tricky for the prosecutor to prove that you possessed those drugs for personal use. If you are willing to have your defense options explored, you can consider speaking to a criminal defense lawyer in California with enough legal experience in this field.